Viacom Hit with Class Action Lawsuit Over MTV Text Spam

Viacom Hit with Class Action Lawsuit Over MTV Text Spam

By Amanda Antell

Popular media company Viacom Inc. has been hit with a potential class action lawsuit for allegedly violating the Telephone Consumer Protection Act (TCPA) by sending people text messages promoting “Real World” and other MTV television shows.

The plaintiff, Tennessee resident Erin Mock, alleges in the class action lawsuit that Viacom violated TCPA, by spamming her cell phone with ads promoting MTV programs. Under federal law, the TCPA bans companies from using automated dialing services to send SMS messages without the recipients’ consent. Fines for each willful violation can go up to $1,500 per incident.

Initially, Mock provided her cell phone number to Viacom in response to an ad, which told her to text her vote for her favorite MTV Video Music Awards nominee. The ad aired during MTV’s 2011 broadcast of the Music Video Awards, and the ad did not warn her or other viewers that by giving out their number and then voting they would be subjected to “future text spam advertisements,” according to the class action lawsuit.

Approximately one month after she voted during the broadcast event, Mock allegedly received three text messages from Viacom promoting various MTV shows, such as “Real World: San Diego” and “Jersey Shore,” the class action lawsuit says. After receiving a third text message, she sent her own text to Viacom requesting them to stop sending SMS messages.

Viacom then sent her a response message, confirming that she had opted out of future ads. However, four days later, the company allegedly sent her another text ad for “Real World.”

“The TCPA was designed to prevent calls and messages like the ones described within this complaint and to protect the privacy of citizens like plaintiff,” Mock says in the Viacom TCPA class action lawsuit.

Her lawsuit was filed this month as a potential class action in U.S. District Court for the Middle District of Tennessee. Mock is seeking monetary damages, as well as an injunction against Viacom.

Viacom has declined to comment about this case for the time being.

While Mock will potentially get her time in court, she is not the only one to suffer text spamming from various companies. Recently, many courts have given plaintiffs the opportunity to bring TCPA class action lawsuits against companies who are alleged to have violated the law. For example, most recently, a federal judge ruled last month that plaintiffs could proceed with a class action lawsuit accusing Coca-Cola of violating the TCPA by sending unwanted SMS ads to consumers.

While some legal experts are wary of the potential for some citizens to take advantage of the TCPA, many are rejoicing about the fines companies face for violating the TCPA, and are relishing their phones free of unwanted spam.

The TCPA provides individuals protection of the right of privacy, and the ability to seek $500 in damages for each violation (i.e. for each unsolicited fax or text), or treble damages ($1500 per violation) where the unsolicited spam was sent willfully or knowingly.

If you believe that a company has violated your rights by sending you unwanted text messages or cell phone calls, you have legal options. Please visit the Text Message, Spam Cell Phone Call, TCPA Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned TCPA lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The TCPA attorneys working this investigation do not get paid until you do.

Updated June 12th, 2013

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